27. A buyer purchased a lot with a deed restriction forbidding outbuildings. Zoning later allows sheds. Can the buyer install a shed?
Answer: A
No, because the more restrictive private restrictions or zoning ordinances always takes precedence.
The buyer cannot install a shed because the existing deed restriction explicitly forbids outbuildings, and private restrictions are generally more restrictive than zoning ordinances, thus taking precedence.
A) No, because the more restrictive private restrictions or zoning ordinances always takes precedence.
This option is correct because deed restrictions are private agreements that impose limitations on property use. In this case, the deed restriction explicitly forbids outbuildings, making it more restrictive than the zoning ordinance that later permits sheds. Therefore, the buyer must adhere to the deed restriction.
B) No, because the zoning ordinance changed after purchase.
This option is incorrect. While it is true that the zoning ordinance changed after the property purchase, the deed restriction still takes precedence. The existence of a more permissive zoning ordinance does not override the established private restrictions.
C) Yes, because a deed restriction cannot be more restrictive than a zoning ordinance.
This option is incorrect as it misinterprets the relationship between deed restrictions and zoning ordinances. In fact, deed restrictions can be more restrictive than zoning laws, which means that the buyer must comply with the deed restriction regardless of the zoning changes.
D) Yes, because zoning ordinances always take precedence over private restrictions.
This option is incorrect. Zoning ordinances do not automatically override private restrictions such as deed restrictions. In situations where a deed restriction exists, it typically takes precedence over any conflicting zoning regulations.
Conclusion
The correct answer is A because deed restrictions are designed to maintain specific conditions on the property, and they are typically upheld even if zoning laws change to allow for different uses. All other options fail to recognize the precedence of private restrictions over zoning ordinances, thereby confirming the buyer's inability to install a shed.